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9 In 10 Job Seekers Want A Legal Right To Know If A Job Is Actually Open

58% would avoid an employer that repeatedly advertised positions it wasn’t actively trying to fill

Allwork.Space - PressbyAllwork.Space - Press
November 2, 2026
in Press
Reading Time: 17 mins read
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9 In 10 Job Seekers Want A Legal Right To Know If A Job Is Actually Open

58% would avoid an employer that repeatedly advertised positions it wasn’t actively trying to fill

GUAYNABO, P.R. November 2, 2026 – According to Monster’s Job Seeker Bill of Rights Report 2026, 92% of U.S. adults who have job-hunted in the past two years believe the law should require employers and job platforms to clearly state whether a publicly posted job is a real, currently open, approved position. 

The consequences may extend beyond frustration with an individual posting. If job seekers learned that an employer repeatedly advertised positions it was not actively trying to fill, 58% say they would avoid applying for that employer’s jobs altogether. 

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Yet job seekers are not demanding an end to recruiting for future opportunities. Three in five (60%) said employers should be allowed to advertise positions that are not currently open, as long as the posting clearly states that it is being used for future opportunities or candidate-pipeline purposes. 

“Job seekers aren’t asking employers to stop planning ahead or building talent pipelines. They’re asking for clarity about what they’re applying for,” said Vicki Salemi, Career Expert at Monster. “A job posting creates an expectation that an opportunity exists. Being transparent about whether a role is open now, planned for the future, or temporarily paused can help candidates make informed decisions about where to invest their time and help employers build trust from the very beginning.” 

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Key Findings 

  • 92% want disclosure required by law: More than 9 in 10 say employers and job platforms should be legally required to disclose whether a publicly advertised posting represents a current, approved vacancy. 
  • Repeated misleading listings could cost employers candidates: 58% would avoid applying for an employer’s jobs if they learned the company repeatedly advertised positions it was not actively trying to fill. 
  • Pipeline recruiting is acceptable when employers are transparent: 60% say employers should be allowed to advertise positions that are not currently open if the posting clearly states that it is for future opportunities or candidate-pipeline purposes. 
  • Job seekers expect outdated listings to come down quickly: 76% say postings should be removed or updated within 48 hours after a position is filled, canceled, or paused indefinitely. 
  • Greater disclosure could rebuild trust: 74% say legal requirements identifying whether advertised positions are actively being filled would increase their confidence in online job listings. 
  • Verified openings could drive more applications: 81% would be more likely to apply if a job platform verified that a position represented a current vacancy. 

The Job Seeker Bill of Rights 

Based on what respondents say they expect from employers and job platforms, Monster identified six principles for a more transparent job search. 

  1. The Right to Know If the Job Is Actually Open

Job seekers overwhelmingly want clarity about whether an advertised opportunity represents a real, current vacancy. 

More than 9 in 10 (92%) say employers and job platforms should “probably or definitely” be required by law to clearly disclose whether a publicly advertised posting represents a current, approved vacancy. 

For most respondents, simply seeing a job advertised is not enough. They want basic information about the status of the opportunity before deciding whether to apply. 

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  1. The Right to Know What They Are Applying For

When asked what information employers and job platforms should be required to include in every publicly advertised job posting, job seekers prioritized the status of the hiring process: 

  • 60% want to know whether the employer is actively accepting applications. 
  • 44% want to know whether the employer is actively interviewing candidates. 
  • 39% want to know whether the position is currently approved and funded. 
  • 34% want the expected timeframe for filling the position. 
  • 28% want disclosure if the posting is being used only to collect resumes for future openings. 
  • 27% want an anticipated start date. 

Other information job seekers want disclosed includes when the position was originally posted, whether the hiring process is paused, whether artificial intelligence will be used to evaluate applicants, and whether an internal candidate is already being considered. 

The most sought-after information centers on a straightforward question: What stage of hiring is this job actually in? 

  1. The Right to Know When a Job Is for the Future

Job seekers appear willing to accept that not every advertised opportunity needs to represent an immediate hire, as long as employers are upfront about it. 

Three in five (60%) said employers should be allowed to advertise positions that are not currently open if the posting clearly states that it is being used for future opportunities or candidate-pipeline purposes. 

  1. The Right to Current Job Listings

Job seekers also expect advertised opportunities to reflect changes in hiring status quickly. More than three-quarters (76%) said a listing should be removed or updated within 48 hours after the position has been filled, canceled, or paused indefinitely. That includes: 

  • 37% who say it should happen immediately. 
  • 39% who say within 48 hours. 
  • 15% who say within one week. 
  • 4% who say within two weeks. 
  • 2% who say within 30 days. 
  • Just 3% say no deadline should be required. 

For job seekers, posting accuracy is not only about whether a job was legitimate when it was first advertised. It is also about whether the information remains accurate as the hiring process changes. 

  1. The Right to Greater Verification

Job seekers said verification could make them more willing to pursue opportunities. 

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More than four in five (81%) said they would be more likely to apply for a position if a job platform verified that it represented a current vacancy. More than half (51%) said verification would make them much more likely to apply. 

Verification could also affect broader confidence in online hiring. Nearly three-quarters (74%) said legal requirements for employers and job platforms to identify whether advertised positions are actively being filled would increase their confidence in online job listings, including 41% who say their confidence would increase significantly. 

  1. The Right to Accountability

Job seekers also expect consequences when misleading listings are repeatedly published. When asked what should happen when an employer, recruiter, or job platform repeatedly publishes misleading job listings: 

  • 60% said the listings should be removed. 
  • 37% support a formal warning. 
  • 33% said the listings should carry a public warning label. 
  • 32% said the employer or recruiter should be temporarily prohibited from posting jobs. 
  • 28% said affected applicants should be notified. 

Job seekers may also hold employers accountable themselves. If respondents learned that an employer repeatedly advertised positions it was not actively trying to fill, 58% would avoid applying for that employer’s jobs, 28% would withdraw an application already in progress, and 27% would warn other job seekers. 

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Job Seekers Put the Greatest Responsibility on Employers 

While respondents want greater accountability throughout the hiring ecosystem, they place the greatest responsibility for genuine job postings on the organizations doing the hiring. 

When asked who should bear the most responsibility for ensuring publicly advertised job postings represent genuine opportunities: 

  • 45% chose the employer advertising the position. 
  • 18% said employers and job platforms should share responsibility equally. 
  • 14% chose the job site or platform hosting the listing. 
  • 12% chose the recruiter or staffing company managing the search. 
  • 5% said no one should be legally responsible. 
  • 4% chose government labor agencies. 
  • 2% chose applicants who identify and report questionable listings. 

The results point to a shared role across the hiring ecosystem, but with employers carrying the greatest responsibility for accurately representing the opportunities they advertise. 

Transparency Could Be a Competitive Advantage 

The findings indicate that transparency may influence where job seekers choose to invest their time. Verification can make genuine opportunities stand out, while repeatedly advertising positions that are not actively being filled can push candidates away. 

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For employers and job platforms, clearer information about hiring status may therefore be more than a trust measure. It may also affect candidate interest. 

The Bottom Line 

Job seekers are asking for a clearer contract with the hiring process: Tell me whether the job is open, tell me what stage the search is in, keep the listing current, and be transparent when the opportunity is for the future rather than today. 

Monster’s Job Seeker Bill of Rights reflects those expectations. The data show that workers largely accept legitimate recruiting needs such as building future talent pipelines, but they want those practices clearly disclosed. 

For employers, that transparency can help establish trust before a candidate ever reaches an interview. For job platforms, clearer information and verification can give job seekers greater confidence that the opportunities they pursue are worth their time. 

For more information, please view the full Monster Job Seeker Bill of Rights Report 2026 at https://www.monster.com/career-advice/research/ghost-job-law or contact Shanna Briggs at [email protected]. 

Methodology 

The Monster Job Seeker Bill of Rights Report 2026 is based on a survey conducted from August 27 through September 3, 2026, among 1,011 U.S. adults who had searched for a job within the past 24 months. Respondents answered questions about their expectations for transparency in online job postings, including disclosure of whether positions represent current vacancies, verification of active openings, pipeline recruiting, listing accuracy, accountability for misleading postings, and responsibility across employers and job platforms. The sample included 33% Millennials, 29% Gen X, 20% Gen Z, and 18% Baby Boomers. Respondents identified their gender as 51% female, 48% male, less than 1% non-binary, and less than 1% preferred not to answer. 

About Monster 

Monster is a global leader in online job searching, resume building, and employment solutions. For over 30 years, the company has been a trusted authority for both job seekers and companies. Beyond the job search, Monster provides an intuitive Resume Builder and hundreds of resume templates to help candidates stand out against the competition, while offering employers a comprehensive resume database to source top talent. Through the Monster Research Institute (MRI), Monster brings together workforce intelligence, marketplace data, behavioral insights, and original research to explore worker sentiment and the decisions shaping today’s labor market. As a G2 category leader, Monster has been featured in Forbes, CNBC, CNN, and USA Today, sharing the career advice needed to bridge the gap between job seekers and hiring managers. 

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